In some cases, you may wish to file your lawsuit on your own in small claims court. See the Find an Attorney Help Topic for more information. An attorney can advise you on the possible outcomes of your case and the amount of time and costs involved. Most people considering a lawsuit begin by contacting an attorney to discuss the case. In some types of cases, such as child support and child custody, all trials are held before a judge. Parties may have the right to request a jury trial, or the court may hold a “bench trial,” meaning that a judge hears the evidence and decides the case. See the Arbitration and Mediation Help Topic for more information. Mediation is a guided conversation that can help parties settle legal disputes themselves. Arbitration is an alternative method of resolving a dispute through an informal legal proceeding that is required in many district court cases. Most cases are settled before trial, either through an agreement negotiated by the parties’ attorneys, or through mediation or arbitration. Many cases filed in small claims court are resolved on the first court date. This depends on the type of case, the willingness of both parties to settle the dispute, and the complexity of the evidence and legal issues involved. If the defendant also has a claim against the plaintiff – for instance, if the defendant believes that the plaintiff is actually the person who owes money – the defendant may state his or her own claims in a portion of the answer called a “counterclaim.” How long do civil lawsuits usually last? Typically, the defendant has 30 days to respond by filing an “answer.” An answer includes the defendant’s responses to the plaintiff’s allegations and any defenses. The complaint states what the plaintiff claims the defendant has done and the remedy that the plaintiff is requesting. What are a “complaint,” “answer,” and “counterclaim”?Ī “complaint” is the document a plaintiff files to begin a lawsuit. One lawsuit can have multiple plaintiffs and multiple defendants. A “defendant” is a person that a lawsuit is filed against. Who are the “plaintiff” and “defendant”?Ī “plaintiff” is a person who files a lawsuit. The District Court division handles civil cases involving a claim for $25,000 or less, all family and juvenile cases, misdemeanor criminal cases, and infractions such as traffic tickets. The Superior Court division handles civil cases involving a claim for more than $25,000, as well as felony criminal cases. Both divisions are generally located in the same courthouse in each county, but have different judges. North Carolina’s trial court system has two divisions: District Court and Superior Court. What is the difference between District Court and Superior Court? Civil cases can result in an award of money or in a court order to enforce or protect the rights of a party. In civil cases, one party may have harmed or failed to abide by its obligations to another, or two parties may have a dispute for the court to resolve. On the other hand, civil cases deal with a wide variety of private disputes, from breach of contract to child custody. See the Criminal Cases Help Topic for more information. A person found guilty in a criminal case faces consequences such as jail time, probation, or fines. Criminal cases are usually brought by law enforcement and are managed by a prosecutor, an attorney who represents the government. What is the difference between civil and criminal cases?Ĭriminal cases deal with violations of the criminal law, such as assaults or theft. However, in the prehearing phase of an adjudicatory proceeding brought under this part, the Administrative Law Judge shall not dismiss a complaint in its entirety for failure to state a claim upon which relief may be granted, upon his or her own motion, without affording the complainant an opportunity to show cause why the complaint should not be dismissed.A lawsuit is a claim or dispute brought to a court of law to resolve. (b) The Administrative Law Judge may dismiss the complaint, based on a motion by the respondent or without a motion from the respondent, if the Administrative Law Judge determines that the complainant has failed to state a claim upon which relief can be granted. The filing of a motion to dismiss does not affect the time period for filing an answer. (a) The respondent, without waiving the right to offer evidence in the event that the motion is not granted, may move for a dismissal of the complaint on the ground that the complainant has failed to state a claim upon which relief can be granted. § 68.10 Motion to dismiss for failure to state a claim upon which relief can be granted.
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